Western Australian Current Acts Western Australian Current Acts (1) In a proceeding
under this Act, the Tribunal may make a declaration concerning a matter in the
proceeding instead of any order the Tribunal could make, or in addition to any
order the Tribunal makes, in the proceeding.
(2) The
Tribunal’s power to make a declaration is exercisable only by a legally
qualified member (or by the Tribunal constituted of a legally qualified member
and other members).
(3) Without
limitation, a declaration may be made that —
(a) a
specified person has or has not contravened a specified provision of this Act,
the scheme by-laws or a strata lease; or
(b) a
specified clause of a strata lease is or is not invalid; or
(c) a
specified scheme by-law is or is not invalid; or
(d) a
specified decision or resolution of a strata company is or is not invalid; or
(e) a
specified appointment or election of a member of a council of a strata company
or an officer of a strata company is or is not invalid; or
(f) a
settlement date for a contract for the sale and purchase of a lot was or was
not validly postponed under this Act; or
(g) a
contract for the sale and purchase of a lot was or was not validly avoided
under this Act.
[Section 199 inserted: No. 30 of 2018 s. 83.]